Causing death by dangerous driving
Causing death by dangerous driving is a statutory offence in England and Wales, Scotland and Northern Ireland. It is an aggravated form of dangerous driving. It is currently created by section 1 of the Road Traffic Act 1988 (as substituted by the Road Traffic Act 1991). Statute Section 1 of the Road Traffic Act 1988 (as substituted by section 1 of the Road Traffic Act 1991Section 1 Road Traffic Act 1991), creates the offences of causing death by dangerous driving: "Dangerously" See Dangerous driving#"Dangerously" Mode of trial Causing death by dangerous driving is an indictable-only offence. Sentencing A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years.The Road Traffic Offenders Act 1988, Part I of Schedule 2 (as amended by the Criminal Justice Act 2003, section 285(3)) Disqualification for a minimum of two years is obligatory on conviction.The Road Traffic Offenders Act 1988, sections 34(1) and (4) and Part I of Schedule 2 Endorsement is obligatory on conviction.The Road Traffic Offenders Act 1988, section 44 and Part I of Schedule 2 The offence carries three to eleven penalty points (when the defendant is exceptionally not disqualified).The Road Traffic Offenders Act 1988,section 28 and Part I of Schedule 2 The Court of Appeal in R v Cooksley and others Cooksley & Anor v R 2003 EWCA Crim 996 (3 April 2003) gave guidelines for cases where death is caused by dangerous driving. In R v Richardson Richardson & Ors, R v 2006 EWCA Crim 3186 (18 December 2006) the Court of Appeal reassessed the starting point set out in R v Cooksley taking into consideration the increase in the maximum penalty. The relevant starting points identified in Cooksley should be reassessed as follows: :i) No aggravating circumstances – twelve months to two years' imprisonment (previously 18 months); :ii) Intermediate culpability - two to four and a half years' imprisonment (previously 3 years); :iii) Higher culpability – four and a half to seven years' imprisonment (previously 5 years); :iv) Most serious culpability – seven to fourteen years' imprisonment (previous starting point of 6 years). When a court disqualifies a person for causing death by dangerous driving, it must order an extended retest. History Part I of Schedule 2 to the Road Traffic Offenders Act 1988 originally provided that a person convicted of this offence was liable to imprisonment for a term not exceeding five years. It was amended by section 67(1) of the Criminal Justice Act 1993 on 16 August 1993England and Wales: S.I. 1993/1968, art. 2(1) & Sch.1; Scotland: S.I. 1993/2035, art. 2(1) so as to increase the maximum term to ten years. New offences The Road Safety Act 2006 introduced two new offences, of "causing death by careless, or inconsiderate driving" and a distinct offence for causing (any) death by driving when unlicensed, or disqualified. See also * United Kingdom traffic laws * Sleep-deprived driving, an aggravating factor in dangerous driving cases References See also *Aggravated TWOC * Vehicular homicide a proposed replacement for causing death by dangerous driving, advocated by some legal reformists Category:Car crime Category:English law Category:Homicide Category:Crimes Category:Driving in the United Kingdom